CCJ, Addresses, parking eye and more advise needed please

Nanchild

Hi,

the way i read the set aside is that you would have to be able to show that you would have a chance of wining if it got to court again, so would the fact i wasnt driving count there as the dispute would be with the driver, not me. yes, part of the consent was that i paid, and noted that the DVLA had not been updated promptly enough.

Quentin

No.


As #10. They aren't pursuing you as the driver!

Nanchild

im not understanding it correctly am i?. say this was back in the begging, and i got the papers through and said i wasnt the driver, it was xxx of xxx. then they wouldnt pursue me, no?

Quentin

Read up on POFA - they are now pursuing you as the keeper!

Nanchild

but if the judgement is set aside it effectively starts the process again doesnt it, so if they wanted to pursue it again they would need to start the paper trail again.

My thinking is that because i wasnt the driver and didnt receive the paperwork it satisfies points 13.3.1 (a)

cant post link but its 'PART 13 - SETTING ASIDE OR VARYING DEFAULT JUDGMENT'

Nanchild

Also I can't see this post 10 on defending, can you link to that part please?

Quentin

Nanchild wrote: »

Also I can't see this post 10 on defending, can you link to that part please?

Post no 10 in this thread

Herzlos

You're only resetting the court part.

You clearly not being the driver means that if they haven't adhered to the POFA2012 act in full, then you can't be held liable as the keeper either.

For the set aside to be successful you need to explain why you didn't respond (PE sent everything to an old address) and that you stand a good chance of winning the claim. That's down to them not satisfying POFA, the original invoice being invalid (no contract, poor signage, no infraction, etc). That might involve trying to get a copy of the paperwork from Parking Eye, or just looking for other cases involving the same car park.

How long do they claim you overstayed by? Have you been in touch with Lidl yet? Do you still have any bank statements for the transaction?

Quentin

Nanchild wrote: »

but if the judgement is set aside it effectively starts the process again doesnt it, so if they wanted to pursue it again they would need to start the paper trail again.

My thinking is that because i wasnt the driver and didnt receive the paperwork it satisfies points 13.3.1 (a)

cant post link but its 'PART 13 - SETTING ASIDE OR VARYING DEFAULT JUDGMENT'

They would only be starting the mcol again.

Still pursuing you as keeper

Nanchild

Right ive got you, driver bit irrelevant. So is the address bit valid even though I didn't update the DVLA in time, it was a genuine mistake I wasn't trying to avoid them. I actually got a ticket the other week that I paid straight away, would that count in my favour? It was 40mins over my son needed feeding and wasn't very well. Waiting for a response from Lidl, but if they back me would that be enough? Thanks for everyone's help so far!